Driving Under the Influence of Intoxicants

ORS 813.412
Role of police officer in implied consent hearing


Notwithstanding ORS 9.160 (Bar membership required to practice law) and 9.320 (Necessity for employment of attorney), in any hearing under ORS 813.410 (Suspension upon receipt of police report on implied consent test) in which a city attorney or district attorney does not appear, a police officer actively involved in the investigation of the offense may present evidence, examine and cross-examine witnesses and make arguments relating to:

(1)

The application of statutes and rules to the facts in the case;

(2)

The literal meaning of the statutes or rules at issue in the case;

(3)

The admissibility of evidence; and

(4)

Proper procedures to be used in the hearing. [1999 c.831 §4; 2010 c.37 §2]
Note: 813.412 (Role of police officer in implied consent hearing) was enacted into law by the Legislative Assembly but was not added to or made a part of the Oregon Vehicle Code or any chapter or series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source

Last accessed
Jun. 26, 2021